The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1887-12-24
HARPER GUILTY.
He Embezzled and Misappropri-
ated Fidelity Funds,

He Embezzled and Misappropri-
ated Fidelity Funds,
And Made False Entries in the Bank Books
Stay of Judgment Ovcr-ruled = The
Great Bank -wrecker II Sent to the Ohio
Penitentiary for Ten Years.
CINCINNATI, Dec. 1o.--Edgar Stark, cnshierof
the Cincinnati National Bank, was the only wit
ness on the stand to-day and he for only nbout
two minutes. The case was then submitted to
the Jury without argument from either side.
Judge Jackson then charged the jury. When
defining the law whore criminal violation wns
to be construed, Judge Jnckson's voice became
stern and hard, and he read with terrible en-
phasis and he would strnishten up and look
squarely ut the jury for n breath or Two. Where
there was reasonable doubt In favorof Harper
he gotit
Now, gentlemen. the court desi es to talk
with you in further explanation ha' ing defined
the law MS for as II is able" Ant. then Judge
Jackson went into IN explanation OF the trans.
actions by which the defendant was benefited
and the Fidelity Bank suffered
Harper sat pale, very pale. and when the
judges terrible words werc uttered the eyes OF
the defendant were transfixcd upon the face OF
the Judge.
Men can't acquire rights Wy n slip Of paper,
Over s3O0.OOO was taken from the Fidelity
Bank" said Judge Jackson. 'There is no doubt
about that. The tnkng Of that $4,000 check OF
the Riverside Iron and Steel Works from the
100000 call loan that was not to be touched,
wns an unlawful and criminaIact " and the Judge
fairly hurled this at the jury rs the first gun.
Said the Judge: "On August 10. 1885,
credit to the amount OF 100000 was
placed in the Fidelity National Bank for
the Riverside Iron and Steel Works, but
this was not to be drawn from. 1t was
- - L. 49,
look s;conger, or in other words. make believe
that 1t ind Urge bank account. On October
12, 1886 siO,0OO was distracted from the bank on
this credit, which was entirely unlawful. On
February 12, 1887, the defendant admitted hav-
ing issued certificate OF deposit on the First
National Bank OF New York, when he knew no
money wns in bank to cover this transaction.
When he took to himself that credit by placing
q mere charge ticket in the bank, he took to
himself false credit to which he was not en-
titled. He states that he gave his individual
checks for the amount, but the books don't show
that he did so. .ll
"On February %. 1887, another certificate OF
dopositc for 100000 was issued. On that same
day not a dollar was in the bank to his credit
he simply had made out charge tickets and had
them charged TO First National Bank OF New
York. On February %, 1887, he had drafts
drawn on First National Bank. OF New York, in
favor of Wiltshire, Eckert & Co., to
Kershaw & Co.. to purchase wheat. If you
find that these checks were sent to Chicago for
the wheat deal, then you will find that 800. 900
was taken from the bank here and &9OO,000 from
the First National Bank Of New York, and no
system Of bookkeeping was ever invented to
cover such enormous transactions. March z,
1887. a300,O00 was drawn from the Chemical
Bunk, and the defendant testified that he
charged 1t to his own individual account. But
when he drew it he did not have 1t charged on
the Fidelity books.
Gentlemen. there is the amount OF 1855 3S1 .25.
for which the checks were exhibited here, that
unlawfuly went out through the medium OF the
Fidelity TO the credit of Irwin, Green s. Co. The
amount to the credit Of c. j. Kershaw was
S213,O0O. Same source to Hoyt $4,000 Irwin
& Green, $4,000 on the false credit of $2S5 600.
And this on the transactions in which the de
fendant admits he was interested with Mr..
Hopkins. He took to himself that s1OO,OOO. He
took that unawfuly giving himself credit.
There are outstanding liabilities on letters OF
credit to Irwin & Green still sal5,0O0, and
amounts to other parties 1t is not so particular
as to the exactness."
Judge Jackson then described the sending OF
the $4,000 by means OF Wiltshire, and de-
nounced that in the light Of the evidence ad.
duced. I'm regard to the 81 100000 collateral
sent to the Chemical National Bank, the de-
fendant was drawing 100000 for unlawful and
criminal purposes.
ut is admitted that the defendant made he
roic efforts to save the bank. But that has no
relevancy to the wrong done. A man scuttles q
ship and then makes heroic efforts to save the
ship. That does not preclude the criminality OF
the oct. may fire upon you and give you q
dangerous wound; I may do all in my power &c
stop the flow of blood but there is the criminal
ity Of the act and the ofrense against the law.
CINCINNATI, Dec 12.-Judge Sage took his
seat promptly ut 10 o. m. Judge jackson was
N pnf having n GOvipUfnn IN haa
cases. At seven minutes past ten the jury took
their seats. When each man had answered tC
his name Judge Sage turned to the jury and
said: "Gentlemen, have you agreed upon q YER
dictr
1.-THE defendant is not in court, your honor '
remarked Prosecutor Burnet. In o moment
the accused, Mrs. Harper, her sister. Miss
Matthews, and Major Blackburn entered the
room. Mr. Harper was slightly pale, but his
step and general bearing were firm. He firs
saw that the ladies were seated and then, talS
ing his scat, braced himself for the verdict Hi.
| fate was soon known. Tho deputy opened tn,
sealed envelope containing the verdict and read
"Circuit Court u. s. for the Southern Distric
Of Ohio The United States against E. L. Har
per. We, the jury, find tho defendant guilty
us charged in the indictment.
''SI.As WILLIAMSON, Foreman"
Mrs. Harper made heroic struggles to cOnto
| her feelings, but when the verdict was read SHE
| in her handkerchief, sobbed as II her heart wa!
| breaking
| Major Blackburn made q motion in arrest o
| judgment, which the court promptly overruled
| Prosecutor Bunet then arose and moved tha
| q culminative sentence he imposed upon the de
| fendant. The court, otter considering this mo
| tion by reviewing authorities, overruled thu
| motion. M
| Judge Sage then asked the prisoner il he hat
/ any thing to say why sentence should not h'
| passed.
| Major Blackburn, speaking for the prisoner
| said: 'Mr. Harper has nothing further to ado
except to thank the court for the fair and i'm
partial trial, and prays the court will be us mer
ciful us the circumstances will warrant and per
| nit"
"Mr. Harper stand up" said the Judge, an,
4 the prisoner arose.
"You have been found guilty by jury o
| your peers" said the court, "of embezzling
| abstracting and misappropriating the funds o
the Fidelity bank, and OF having caused to b.
made fnlse entries upon the books Of tn
bank. Your guilt has been established beyon'
i oil doubt. In view OF tho gravity o
| your ofiense the court thinks you should receiv
| the highest penalty provided for by law. 1t l
the sentence OF tho court that you be impris
oned In the Ohio penitentiaiy for the term O
ten years. and that you be committed to tn
| custody Of the marshal to be taken 70 thnt In
stitution at once" The sentence was prepare
by Judge jackson.
Major Blackburn requested that the execu
tion OF sentence should be stayed, as the de
fendnnt had business matters which needed hi
attention. The court refused TO grant the n
quest and ordered that the prisoner be take
by the marshal to Columbus this afternoon.
/